- Many land owners know what a certificate of occupancy is, but are there instances or circumstances that would render a valid C of O null and void? In other words, can a certificate of occupancy validly issued to me as a property owner be revoked by the issuing authority.
- It is important to reiterate that a C of O is a document that infers a presumption of ownership of property in respect of the person to which it was issued to. It is noteworthy however that this is just a presumption and as such is not conclusive and is rebuttable.
- Thus, where there is documentary or other evidence to the contrary that proves otherwise it is subject to revocation and validly so.
- Under what circumstances can it be revoked?
- Fraud/Unlawful means
- Where an applicant tenders a forged, expired or invalid document to secure a C of O and this is later discovered by the issuing authority, the C of O can be validly revoked.
- Compulsory Acquisition
- The Governor may revoke a certificate of occupancy on grounds of overriding public interests. This is however subject to compensation payable by law.
- Breach of conditions
- Where the conditions contained in the certificate of occupancy as a precedent to the grant of the certificate are breached, this is a valid ground for revocation.
- These circumstances as highlighted above, particularly that of fraud and unlawful means need to be taken cognizance of when applying for a C of O in Nigeria. There have been instances where C of O’s have been given to different people in respect of the same property. It is therefore imperative that you engage a lawyer to conduct checks for proper validity.
References
TheHopeNewspaper, “What are the Conditions for Revocation of Certificate of Occupancy?” available at https://www.thehopenewspaper.com/what-are-the-conditions-for-revocation-of-certificate-of-occupancy/ accessed on October 17 2023